According to current regulations, whether it falls under the case of having to apply for permission or not having to apply for permission from a competent state agency, the Certificate of Land Use Rights (red book) is still a mandatory condition when carrying out procedures for changing land use purposes.
Chuyển mục đích sử dụng đất theo Luật Đất đai 2024
The 2024 Land Law specifically stipulates cases of land use purpose conversion to meet the legitimate needs of the people, while ensuring unified land management. Accordingly, land use purpose conversion is divided into two groups: Cases that do not require permission and cases that require permission from competent state agencies.
Regardless of the group, land users must fully meet the conditions according to legal regulations, including the important condition of having a legal land use right certificate.
Cases where no permission is required to change land use purposes
According to the 2024 Land Law, some cases of changing land use purposes do not require permission from state agencies. However, when there is a need, land users still have to register land changes.
The registration dossier for changes according to the provisions of the Land Law must have a red book and documents related to the content of changes. Thus, even without a permit, land without a red book does not meet the conditions to carry out procedures for changing land use purposes.
Cases where permission to change land use purposes is required
For cases where permission is required, land users must submit a request dossier to a competent authority for consideration and decision. The dossier component according to regulations must have a red book, if missing, it will not be eligible for receipt.
Nếu không có Giấy chứng nhận quyền sử dụng đất, cơ quan Nhà nước sẽ không có cơ sở pháp lý để xem xét cho phép chuyển mục đích sử dụng đất.
No red book, arbitrarily changing purpose will be handled
According to legal regulations, land users are only allowed to change land use purposes when there is a written decision of permission from a competent State agency. Arbitrary change of land use purposes when conditions are not met, especially in cases where land does not have a red book, may be subject to administrative sanctions according to regulations.
Thus, land users are only allowed to change land use purposes when they fully meet legal conditions, and must have a red book. Arbitrarily changing land use purposes when conditions are not met may lead to administrative violations and forced restoration of the original state.
